CA: Part 36 offer did not contract out of fixed costs – Litigation Futures

Posted November 20th, 2019 in costs, news, part 36 offers, road traffic by sally

‘A defendant who settles a claim that leaves the RTA protocol with a part 36 offer including the usual wording about paying costs on the standard basis is not contracting out of fixed costs, the Court of Appeal has ruled.’

Full Story

Litigation Futures, 19th November 2019

Source: www.litigationfutures.com

Appeal court re-establishes fixed costs for claim headed to multi-track – Law Society’s Gazette

Posted November 20th, 2019 in costs, news, part 36 offers, road traffic by sally

‘The Court of Appeal has ruled that claimant solicitors should settle for fixed costs in a ruling that could send shivers through the claims sector.’

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Law Society's Gazette, 19th November 2019

Source: www.lawgazette.co.uk

Haider v DSM Demolition Ltd [2019] EWHC 2712 (QB) – St John’s Buildings

Posted November 19th, 2019 in accidents, costs, disclosure, insurance, news, personal injuries, road traffic by sally

‘This appeal and cross appeal were about a road traffic accident that the Defendant alleged had been staged. Ultimately, the Defendant succeeded in demonstrating that the Claimant had presented a claim that was fundamentally dishonest, albeit that the Court found that his dishonesty related to quantum rather than liability.’

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St John's Buildings, 5th November 2019

Source: stjohnsbuildings.com

Trustees of Sikh Temple charity fail in High Court challenge to traffic management order – Local Government Lawyer

Posted November 11th, 2019 in charities, consultations, equality, local government, news, road traffic, Sikhism by sally

‘A High Court judge has rejected a legal challenge brought over the Royal Borough of Kensington & Chelsea’s decision to make a traffic management order imposing additional parking restrictions in an area with a Sikh Temple.’

Full Story

Local Government Lawyer, 11th November 2019

Source: www.localgovernmentlawyer.co.uk

Anna Wilkinson discusses Failing to disclose credit cards amounts to fundamental dishonesty in credit hire claim – Park Square Barristers

‘The recently decided appeal of Mansur Haider v DSM Demolition Ltd [2019] EWHC 2712 (QB), is an interesting case and will be useful to practitioners who deal with road traffic matters, both on the finding in respect of liability and the finding of fundamental dishonesty.’

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Park Square Barristers, 31st October 2019

Source: www.parksquarebarristers.co.uk

Aldred v Cham – 4 New Square

Posted November 6th, 2019 in civil procedure rules, costs, fees, news, personal injuries, road traffic by sally

‘In Aldred v Cham [2019] EWCA Civ 1780 the Court of Appeal (Lord Justices McCombe and Coulson and Lady Justice Nicola Davies) considered whether the cost of counsel’s advice relating to the proposed settlement of an RTA claim was a claim for a disbursement which should be allowed in addition to the fixed recoverable costs (“FRC”) provided for under CPR 45.29C and Table 6B because it was “reasonably incurred due to a particular feature of the dispute”. This case has provided welcome clarity in a previously much disputed area.’

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4 New Square, 29th October 2019

Source: www.4newsquare.com

MoJ scotches hopes of whiplash shift over children – Legal Futures

Posted November 4th, 2019 in children, damages, news, personal injuries, road traffic, small claims by sally

‘The Ministry of Justice (MoJ) has refused to give way to the concerns of claimant groups that children who suffer whiplash injuries lasting less than nine months will be denied access to justice under next April’s reforms.’

Full Story

Legal Futures, 4th November 2019

Source: www.legalfutures.co.uk

MoJ: No change to whiplash reform timetable – Legal Futures

‘The Ministry of Justice (MoJ) is continuing to work towards April 2020 to implement the whiplash reforms despite the upcoming election, it has confirmed.’

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Legal Futures, 1st November 2019

Source: www.legalfutures.co.uk

Diplomatic immunity and the Dunn case – Law Society’s Gazette

Posted October 31st, 2019 in diplomats, immunity, news, road traffic by sally

‘The death of Harry Dunn, who was struck by a vehicle allegedly driving on the wrong side of the road in August, led to a diplomatic spat over the asserted diplomatic immunity of the driver, Anne Sacoolas, the wife of a US intelligence official believed to work for the CIA based at RAF Croughton in Northamptonshire.’

Full Story

Law Society's Gazette, 28th October 2019

Source: www.lawgazette.co.uk

Counsel’s fee in portal drop-out case included in fixed costs – Litigation Futures

‘Counsel’s fees for an opinion on quantum in a traffic accident involving a child are included in the fixed costs for the case and cannot be claimed separately, the Court of Appeal has ruled.’

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Litigation Futures, 30th October 2019

Source: www.litigationfutures.com

Claimant faces £400,000 credit hire bill in “extreme” case – Litigation Futures

Posted October 28th, 2019 in accidents, compensation, insurance, news, road traffic by tracey

‘A claimant is facing a bill of over £400,000 in credit hire charges plus legal costs after a county court found that the car she collided with was stationary.’

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Litigation Futures, 25th October 2019

Source: www.litigationfutures.com

Law Commissions looks to future with self-driving vehicles – Law Commission

Posted October 18th, 2019 in artificial intelligence, Law Commission, press releases, reports, road traffic by tracey

‘Law Commissions publish proposals on the regulation of highly automated vehicles that operate without a driver (or “user-in-charge”).’

Full press release

Law Commission, 16th October 2019

Source: www.lawcom.gov.uk

Driverless cars could be halted by leaves and seagulls, warns Law Commission – Daily Telegraph

Posted October 16th, 2019 in artificial intelligence, Law Commission, licensing, news, road traffic by sally

‘Driverless cars could be halted by leaves, seagulls or the “wrong sort of snow”, causing gridlock in cities, the Law Commission has warned.’

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Daily Telegraph, 15th October 2019

Source: www.telegraph.co.uk

Man, 69, jailed for knocking teenager off bike in road rage row – The Guardian

Posted September 12th, 2019 in assault, bicycles, dangerous driving, guilty pleas, news, road traffic, sentencing by tracey

‘A man who used his 4×4 to knock down a teenage cyclist before beating him up and trashing his new bicycle during a road rage row has been jailed for six months.’

Full Story

The Guardian, 11th September 2019

Source: www.theguardian.com

Judge upholds strike-out of £2.6m ‘RTA portal’ claim – Litigation Futures

Posted September 2nd, 2019 in abuse of process, news, personal injuries, road traffic, striking out by sally

‘A judge has upheld the striking out of a £2.6m personal injury claim which remained in the RTA portal for almost four years before the claimants admitted it should be transferred.’

Full Story

Litigation Futures, 2nd September 2019

Source: www.litigationfutures.com

Budgeting “not inevitable” in catastrophic injury cases – Litigation Futures

‘Costs budgeting is not “inevitable” in high-value injury cases and lawyers should consider whether the best approach may be to dispense with it altogether, a leading practitioner has suggested.’

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Litigation Futures, 29th August 2019

Source: www.litigationfutures.com

Defendant who brought fraudulent ‘phantom passenger’ claim against council given suspended sentence – Local Government Lawyer

‘A defendant who brought a fraudulent claim against Cardiff Council in a “phantom passenger” road traffic accident case has been sentenced to four months in prison, suspended for 18 months, it has been reported.’

Full Story

Local Government Lawyer, 28th August 2019

Source: www.localgovernmentlawyer.co.uk

Legal charities urge government to delay whiplash reforms – Legal Futures

‘Four leading legal charities have urged the government to delay next year’s whiplash reforms over fears that litigants in person and the organisations supporting them will be overwhelmed by the new regime.’

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Legal Futures, 13th August 2019

Source: www.legalfutures.co.uk

Motorcyclists fail in Court of Appeal action over making of road traffic regulation order – Local Government Lawyer

Posted July 23rd, 2019 in local government, motorcycles, news, road traffic, statutory duty by sally

‘The Court of Appeal has rejected an appeal by a motorcyclists’ group over a road traffic regulation order (TRO) made by Hampshire County Council.’

Full Story

Local Government Lawyer, 22nd July 2019

Source: www.localgovernmentlawyer.co.uk

Whiplash Portal – “Vulnerable” Parties to be Exempt (At Least to Begin With) – Zenith PI Blog

‘The new whiplash portal is due to launch in the spring of 2020. It is likely to cover injuries arising from accidents occurring after 6th April.’

Full Story

Zenith PI Blog, 9th July 2019

Source: zenithpi.wordpress.com